§ 4-8-101. PERSONNEL RULES.
Rule 1. Definitions
Rule 1.01. Merit system status means the status enjoyed by an employee in the county classified service after proper certification by the Director of Human Resources, appointment by the appointing authority, and service of an appropriate period of time in probationary status as required by these Personnel Rules, such employees being entitled to all the benefits of applicable provisions of the Charter, the personnel law of the county and these Personnel Rules and Regulations.
Rule 1.02. Classified service includes all county employees except those specifically designated as being in exempt service by Article VIII of the Charter and by these Personnel Rules.
Rule 1.03. Exempt service means those county employees enumerated in Article VIII of the Charter, Section 801(1) through (8), inclusive, and employees defined in Rule 1.04 below as seasonal, occasional, part-time, emergency, or temporary employees.
Rule 1.04. Seasonal, part-time, or temporary employees are those employees hired to perform seasonal, part-time, or temporary duties.
Rule 1.05. Personnel and Salary Advisory Board is a body of five (5) members as constituted under the provisions of the Charter and the personnel law of the county.
Rule 1.06. Director of Human Resources is the head of the Office of Human Resources, as provided in the Charter and in the personnel law of the county.
Rule 1.07. Appointing authority is any person in the county government specifically authorized by the County Administrative Officer to appoint persons to positions in the county classified service after such persons have been certified as eligible for appointment by the Director of Human Resources.
Rule 1.08. Employment category defines the workweek of the classification to which an employee is assigned. For the purposes of this article, "40 hours" shall refer to employees whose classifications are assigned to pay schedule II, or whose classifications are designated "40 hours" on pay schedule I or VI, or any other employee whose rate of pay is based upon a 2080-hour workyear. The employment category for employees with other workweeks shall be termed "other than 40 hours."
Rule 1.09. Part-time 30 to 39 hour employee means a part-time employee who works between 30 and 39 hours on a weekly basis.
Rule 1.10. Bulletin board means a physical bulletin board or an electronic bulletin board such as the county's internet or intranet web sites.
Rule 2. Personnel and Salary Advisory Board
Rule 2.01. The Personnel and Salary Advisory Board, hereafter known as the Board, shall meet at the call of the chairman, or, in his absence or failure to act, any two (2) members of the Board shall have the authority to call a meeting. Any three (3) members shall constitute a quorum for the transaction of business.
Rule 2.02. The chairman must give notice in writing to all members of the hour, date, and place of any meeting, which notice is to be sent by regular mail to the address of each member as listed with the Director of Human Resources. If the meeting is called at the direction of any two (2) members and not the chairman, all members shall be notified as herein stated by the Director of Human Resources.
Rule 2.03. The Board may hear protests from employees in the county classified service who feel aggrieved by the personnel and employment practices of the county. All such complaints must be filed in writing directly with the Board within thirty (30) days of the date of the incident or circumstance complained of or within the time limits set forth in any applicable memorandum of understanding, and the fact that an employee does not notify his supervisor before taking a complaint to the Board shall not result in any kind of disciplinary action. The Board may decline to hear any complaint or other matters except those appeals specifically reserved to the Board by the Charter and the personnel law of the county.
Rule 2.04. The Board shall hear appeals brought by applicants for jobs on the classified service in cases involving examinations and examination ratings.
Rule 2.05. The Board shall have the power to review all appointments to the county payroll in the classified service made by any appointing authority, and the Board shall have the power to nullify all such appointments during the probationary period for proper cause when it deems such action to be in the best interests of the county career service.
Rule 2.06. The Board shall have the power to require the Director of Human Resources to take such action as the Board deems to be in the best interest of the voters and taxpayers of the county in the field of personnel administration subject to the restrictions imposed by the Charter, the personnel law of the county, and all actions of the Director of Human Resources may be subject to review by the Board.
Rule 2.07. The Board shall perform such duties as are set forth in the Charter, the personnel law of the county and these rules, and the Board is empowered to delegate any of its duties to the Director of Human Resources as set forth in the personnel provisions of this Code; except that the delegation of any duties may be revoked at any time at the discretion of the Board.
Rule 3. Director of Human Resources
Rule 3.01. The Director of Human Resources shall be the sole authority for certifying persons eligible for employment in the county classified service. Before certifying any applicant as eligible for employment by the county, the Director of Human Resources shall make full inquiry into the applicant's qualifications and shall certify that the appointment, if made, is in no way contrary to the intent of the Charter.
Rule 3.02. The Director of Human Resources may require department or office heads to use certain personnel forms as he shall from time to time deem necessary.
Rule 3.03. The Director of Human Resources shall be the judge of what constitutes proper public announcement of employment opportunities in the county classified service.
Rule 3.04. The Director of Human Resources shall set up whatever methods seem fair and equitable in determining the best-qualified applicants for any particular job. Such methods may include examinations, written and oral, and an evaluation of prior training and experience.
Rule 3.05. The Director of Human Resources shall perform all duties enumerated in the Charter, the personnel law of the county, and in these Personnel Rules and Regulations.
Rule 4. Public Announcements
Rule 4.01. Public announcement of proposed tests and acceptance of applications for employment in the classified service shall be posted on a bulletin board easily accessible to the general public in the Office of Human Resources.
Rule 4.02. Announcements of promotional opportunities shall be posted on bulletin boards, whereupon such announcements to employees are posted, for a minimum of five (5) working days. Such announcement shall identify the promotional opportunity by the class title, its pay grade and pay range, and the location of the position and shall include the minimum qualifications for the position. In addition, such announcements shall also state how and where to file for consideration, as well as the closing date for receipt of applications.
Rule 5. Preparation and Conduct of Tests
Rule 5.01. The Director of Human Resources shall, where practicable, devise such tests and set up the rules for their administration as he thinks proper to protect the intent of the Charter to provide for competitive examinations for county classified service positions.
Rule 5.02. The Director of Human Resources shall decide what, if any, employment lists containing the names of persons eligible for employment will be necessary.
Rule 6. Certification
Rule 6.01. The Director of Human Resources will have the power to certify the eligibility of any applicant for employment by the county.
Rule 6.02. Whenever possible, the Director of Human Resources shall determine by appropriate examination the names and addresses of persons with the three highest rankings that are best qualified and willing to accept employment and forward the names to the appointing authority requesting such employee.
Rule 6.03. When fewer than three (3) applicants are certified for a position, the Director of Human Resources shall inform the appointing authority that less than three (3) persons are eligible for such appointment.
Rule 7. Probationary Period
Rule 7.01. All appointments to jobs in the classified service shall be for a probationary period of six (6) months. Subject to the approval of the Director of Human Resources, the department or office head may grant two (2) additional three-month extensions of the probationary period. Be it further provided, that the probationary period for Deputy Sheriff and Emergency Communications Technician Trainee (40 hours) shall be for a period of two (2) years and the probationary period for Correctional Officer, Correctional Dietary Officer, and Correctional Classification Officer (40 hours) shall be for a period of one (1) year; provided further, that subject to the approval of the Director of Human Resources, the Director of the Department of Corrections may grant two (2) additional six-month extensions of the probationary period for Correctional Officer, Correctional Dietary Officer, and Correctional Classification Officer (40 hours).
Rule 7.02. During the probationary period, an employee may be dismissed from his job at any time without right of appeal or hearing before the Personnel and Salary Advisory Board.
Rule 7.03. In any dismissal action involving an employee serving a probationary period, the appointing authority shall give the employee reasonable notice of the dismissal action and shall forward a copy of such notice to the Director of Human Resources.
Rule 7.04. An employee who is reinstated in the same job in the department in which he had previously served a satisfactory probation shall not be subject to a new probationary period.
Rule 7.05. If an employee who is promoted to a new position shall be rejected because of his inability to carry out the responsibilities of the new position, he shall revert to his former job classification.
Rule 8. Seasonal, Part-Time, or Temporary Employees
Rule 8.01. Seasonal, part-time, or temporary employees are excluded from the classified service, and such employees shall not enjoy merit system status. Seasonal or temporary employees may not be retained in county employ for a period longer than six (6) months. Except for part-time 30 to 39 hour employees, part-time employees shall be granted pro rata vacation and sick leave allowances in accordance with a pro rata schedule developed by the Director of Human Resources.
Rule 8.02. All such seasonal or temporary employees shall be clearly designated as such on forms provided the employee, to be signed by the employee acknowledging such employee's understanding that the position the employee is to accept is of a temporary nature and does not entitle that employee to benefits received by employees in the classified service, except as provided for part-time employees under Rule 8.01.
Rule 8.03. Employees serving in temporary appointments may not be credited for such service, while serving under such appointments, toward completion of the required probationary period in any job and may be dismissed from their jobs at any time without right of appeal or hearing, except that the appointing authority shall give the employee reasonable notice of the dismissal action and shall forward a copy of such notice to the Director of Human Resources.
Rule 8.04. If any temporary employee be accepted in permanent status, sick leave and vacation credits shall be computed from the date of the employee's temporary employment if such employment was continuous with his permanent employment.
Rule 9. Transfers
Rule 9.01. The County Administrative Officer may cause employees in the classified service to be transferred within or between county agencies to meet workload peaks or emergency conditions, except that no employee in the merit system may be transferred out of the classified service without the employee's consent in writing.
Rule 9.02. Any employee in merit system status may apply to the Director of Human Resources through his supervisor for transfer from the position which he holds to a position of the same classification in another department, stating his reasons for requesting the transfer. The Director of Human Resources may make the transfer if he deems such transfer to be for the good of the employee and the service.
Rule 9.03. The Director of Human Resources shall have the power, upon recommendation of a department head and subject to the approval of the County Administrative Officer, to transfer a classified employee in one (1) class within his department to a position in another class within his department for which the pay grade is the same. This transfer may be made, provided the employee meets the minimum qualifications of the class to which he is being transferred and consents to the change, in writing. If such action is consummated, it shall be considered a horizontal transfer. On his own initiative an employee with merit system status may apply to the Office of Human Resources through his immediate supervisor and department head for a horizontal transfer to any vacant position in his same pay grade anywhere in the county classified service, provided he meets the minimum qualification of the class. Subject to the approval of the County Administrative Officer, the Director of Human Resources may grant a horizontal transfer, provided, further, that each department head so affected by this action clearly in writing by letter indicates his approval of such action. The Director of Human Resources may require a qualifying examination of any person requesting such transfer.
Rule 10. Promotions
Rule 10.01. The Director of Human Resources shall consider, before announcing any vacancy or new opening publicly, whether such position can be filled by any employee in the classified service or in probationary status in the county government. Classified service and probationary employees will be given the opportunity to apply for promotion and will be considered for the vacancy or position, provided that they have satisfactory efficiency ratings and attendance records and possess the minimum qualifications required.
Rule 10.02. Employees of the county government will take precedence for promotion over outside applicants for any vacancy or new position in the county government, provided that they are qualified and that the qualifications of the county employee are equal to the qualifications of an outside applicant.
Rule 11. Demotions
Rule 11.01. No appointing authority shall demote any employee with merit status without first notifying the Director of Human Resources or his designated representative by a notice in writing.
Rule 11.02. Any demotion action shall be preceded by full written notice to the employee with reasons for the demotion, and the employee's remedies shall include a right to discuss the demotion with the appointing authority and the right of appeal under Rule 2.03.
Rule 12. Suspensions
Rule 12.01. An employee with merit system status shall be subject to immediate disciplinary suspension for cause without pay by the appointing authority for a period not to exceed thirty (30) calendar days in any one (1) calendar year; provided that a copy of the suspension notice given to the employee shall be forwarded promptly to the Director of Human Resources.
Rule 12.02. Employees under suspension not to exceed thirty (30) days shall have the right of appeal to the Personnel and Salary Advisory Board under Rule 2.03 in accordance with applicable grievance procedures.
Rule 12.03. An employee with merit system status shall be suspended for an indefinite period in cases where such employee is charged with and awaiting trial for a criminal offense such as to bring the county classified service into disrepute. In such case, the appointing authority may take such other disciplinary actions which he may deem necessary under the circumstances. After the criminal charge has been finally determined, the appointing authority shall then make a determination as to whether the employee should be reinstated with all pay and privileges restored or a disciplinary penalty imposed or charges filed against such employee.
Rule 13. Layoffs and Reinstatement
Rule 13.01. When a reduction in force becomes necessary for reasons of economy, the resulting layoffs, demotions, and transfers shall be made on an equitable basis with due consideration for length of service, together with the employee's record of ability and efficiency and in accordance with any applicable "memorandum of understanding." Any employee so affected shall have the right of appeal under Rule 2.03.
Rule 13.02. Any employee in merit system status who has been laid off, transferred, or demoted through no fault of his own because of any reduction in force shall be considered for any position for which he is qualified before new employees are hired; provided that the employee who has been laid off applies within twenty-four (24) months of the termination of his employment.
Rule 13.03. The Director of Human Resources may, upon written recommendation from the agency head, reinstate former merit system status employees to the county classified service within twelve (12) months of the effective date of their resignation; provided, further, that such resignation is without prejudice and said employee has previously been certified as eligible for rehire. Such employee may be considered without further competition for the class from which he or she resigned, provided that a vacant position exists, subject to successful completion of a preemployment physical examination. If reinstated, such former employee shall receive pay and benefits comparable to those which were received at the time of resignation; provided, further, that such reinstated employee's anniversary date shall be the date of reinstatement. Time away shall be considered as leave without pay for the purposes of calculating service and longevity credit. The reinstated employee's sick leave balance at the time of resignation shall be restored, and his or her other leave balance shall be based on the adjusted service time. Benefits shall not be earned for the time away from county service.
Rule 14. Resignation
Rule 14.01. Any employee intending to resign is expected to give adequate notice to his supervisor.
Rule 14.02. Any employee who is absent for three (3) consecutive working days without notifying his supervisor of the reasons for such absence shall be considered as having resigned without notice, unless circumstances make it impossible for the employee to notify his supervisor.
Rule 15. Dismissal
Rule 15.01. Any employee in the classified service may be removed permanently from his position for cause, provided that the employee shall have rights of appeal under Rule 2.03.
Rule 15.02. No employee in the classified service may be dismissed without first being given reasons or charges, stated in writing, furnishing the employee with specific information as to why the action is contemplated, and reasonable advance notice of the proposed action shall be given to the employee.
Rule 15.03. The appointing authority shall give fair and objective consideration to the employee's reply to any statement of charges brought against him in a dismissal action, and the employee shall have the right to appear before the appointing authority in person to answer to the charges after first making answer in writing. If the appointing authority then determines that the dismissal contemplated shall be executed, the employee shall be immediately removed from his job, and his entire file shall be forwarded promptly to the Director of Human Resources.
Rule 15.04. The following subsections and other acts not specifically enumerated herein involving conduct which is clearly contrary to common sense and decency may be sufficient cause for removal, provided that all classified county employees shall be protected from any arbitrary, capricious, or illegal termination of loyal career service except for cause:
A.
That the employee is incompetent or inefficient in the performance of his duty.
B.
That the employee has some permanent or chronic physical or mental ailment or defect that incapacitates him from the proper performance of his duties.
C.
That the employee has been brutal or offensive in his treatment of the public or fellow employees.
D.
That the employee has violated any lawful official rule, regulation or order or failed to obey any lawful and reasonable direction given by his supervisor.
E.
That the employee has accepted any service, valuable thing, or benefit, such as a loan or discount not available to the general public, given him directly or indirectly by any person, firm, or corporation where it may be reasonably implied that the gift may have been given in the hope or expectation of influencing the employee's judgment or receiving preferential treatment from such employee.
F.
That the employee has performed any service or done any work in a private trade, occupation, or profession on matters which may conflict with his official duties as a county employee.
G.
That the employee has any interest in or derives any benefit from the profits or emoluments received from work done or service performed for the county except after full disclosure by the employee and authorization by the County Council as provided in Section 1001(b) of the Charter.
H.
That the employee has received directly or indirectly any part of any fee, commission, or other compensation paid or payable by the county or by any person in connection with any dealings with or proceedings before any branch, office, department, board, commission, or other agency of the county except after full disclosure by the employee and authorization by the County Council as provided in Section 1001(b) of the Charter.
I.
That the employee is engaged in any private endeavor in conflict with the county's business or that the time spent on such outside endeavor is so excessive as to make it reasonable to assume that the employee may jeopardize his health or ability to perform efficiently.
J.
That the employee has been convicted of a criminal offense involving moral turpitude.
K.
That the employee, through negligence or willful conduct, has caused damage to public property or waste of public supplies.
L.
That the employee has participated in any political activity or electioneering during working hours.
M.
That the employee has made any assessment or solicitation of any kind for political purposes upon anyone in county employ.
N.
That the employee has been guilty of conduct such as to bring the county classified service into disrepute.
O.
That the employee has:
1.
Used, been under the influence of intoxicating liquors or narcotic drugs during working hours or while engaged in county business.
2.
Loaned identification or any county property to any person without proper authorization.
3.
Stolen, tampered with, or willfully destroyed, marred, or defaced any county property.
4.
Used county property such as supplies or vehicles for personal use without proper authorization.
5.
Willfully made a false official statement, falsified any record, time sheet, or report, or defrauded the county in any way.
6.
Been guilty of misconduct, such as gambling or using obscene language while engaged in county business.
7.
Engaged in fighting or creating any disturbance while engaged in county business.
8.
Carried an unauthorized deadly weapon.
9.
Been excessively tardy or absent from work.
10.
Sold any tickets, posted any bills, circulated any petitions, solicited any employees, or asked for any donation for charitable cause without the specific approval of the Director of Human Resources while engaged in county business.
11.
Spread any malicious gossip or rumor about any superior or fellow employee.
12.
Been guilty of any conduct which does not affirm that a public office is a public trust.
Rule 16. Filing Charges for Removal
Rule 16.01. Charges for removal shall be signed and filed by the appointing authority with the Director of Human Resources, who shall, after review, sign the charges and return to the appointing authority for delivery of one (1) copy to the employee.
Rule 16.02. Charges for removal shall contain the paragraph of Rule 15.04 if applicable, under which the removal is asked.
Rule 16.03. Along with charges for removal, the employee shall be given notice that he may be heard before the Personnel and Salary Advisory Board by filing his appeal with the Board in writing within five (5) regular working days of the day the discharge takes effect or referred to the applicable grievance procedure.
Rule 17. Board Action on Appeals From Dismissal
Rule 17.01. The Board shall have the power to adjudge the guilt or innocence of the employee involved and review the penalty imposed on the employee and modify or amend the penalty, if in the Board's judgment, the penalty is too severe. If the Board shall adjudge the employee innocent of the offense for which he was discharged, the county will reinstate the employee in full with accumulated service credits and in case the employee was penalized by loss of working time will pay him back wages, less any unemployment compensation or compensation from any other employer, which he may have received, during the period of his separation from the county payroll.
Rule 17.02. Any employee appealing to the Board in a case involving dismissal shall be entitled to be represented by counsel and shall have the right of cross-examining witnesses against him.
Rule 17.03. Actions of the Board in cases involving dismissals shall be final as provided in Section 803 of the Charter.
Rule 18. Performance Evaluation of Employees
Rule 18.01. Employees in the county classified service should be appraised at least once a year by their immediate supervisors, and the results of such appraisals should be discussed with the employees being appraised. The purpose of these appraisals is to encourage employee growth and development.
Rule 18.02. The appraisal by the supervisor and any comments of the employee being appraised shall be forwarded to the Director of Human Resources by the department head for inclusion in the employee's personnel file.
Rule 18.03. The Director of Human Resources may issue appropriate appraisal forms to accomplish employee evaluation.
Rule 19. Personnel Records and Forms
Rule 19.01. The Director of Human Resources shall issue from time to time such personnel forms or documents as he deems necessary for the efficient functioning of the Office of Human Resources.
Rule 19.02. All department and agency heads will be required to comply with any requests for information made by the Director of Human Resources through the use of such forms or records.
Rule 19.03. The Director of Human Resources shall keep a personnel folder on every employee in the classified service, showing at least the employee's name, current address, home telephone, education, employment record, and service record in the classified service.
Rule 20. Veterans Preference
Rule 20.01. Applicants for county employment shall be allowed veterans preference in appointments to the classified service, as required by the laws of the state; provided, however, that such preference shall, in the case of a tie in examination ratings involving a veteran and nonveteran, require that the veteran shall be placed ahead of the nonveteran on the employment list.
Rule 20.02. Employees who leave the county service for entry into the Armed Forces of the United States shall, upon a separation other than a dishonorable separation, be reinstated in such position or be given a position as nearly as possible involving like duties, classification, and pay; provided that application for such reemployment is made within ninety (90) days of the date of honorable separation; and further provided that the employee is still qualified to perform the duties of such position.
Rule 21. Vacations
Rule 21.01. After three (3) months of continuous service classified and part-time 30 to 39 hour employees shall be entitled to a paid vacation earned in accordance with the following schedule:
Years' Service Employment Category Paid vacation 1st through 5th "40 hours" 96 workhours per year "Other than 40 hours" 84 workhours per year 6th through 10th "40 hours" 120 workhours per year "Other than 40 hours" 105 workhours per year 11th through 15th "40 hours" 160 workhours per year "Other than 40 hours" 140 workhours per year 16th and over "40 hours" 200 workhours per year "Other than 40 hours" 175 workhours per year Rule 21.02. Subject to the express provisions of memoranda of understanding in effect at the time between classified service employees and the administration, vacation earned by classified and part-time 30 to 39 hour employees may be accrued in accordance with the following schedule:
Years' Service Employment Category Accrual Allowed
1st through 5th "40 hours" 192 hours maximum as of each succeeding January 1
"Other than 40 hours" 168 hours maximum as of each succeeding January 1
6th through 10th "40 hours" 240 hours maximum as of each succeeding January 1
"Other than 40 hours" 210 hours maximum as of each succeeding January 1
11th through 15th "40 hours" 320 hours maximum as of each succeeding January 1
"Other than 40 hours" 280 hours maximum as of each succeeding January 1
16th and over "40 hours" 400 hours maximum as of each succeeding January 1
"Other than 40 hours" 350 hours maximum as of each succeeding January 1
No limit on accrual in between each January 1.
Rule 21.03. Saturdays, Sundays, and paid holidays will not be counted as workdays.
Rule 21.04. Classified and part-time employees shall be paid for vacations earned but not taken at the time they leave county service.
Rule 21.05. Classified and part-time 30 to 39 hour employees with one (1) year of continuous service shall receive an anticipated vacation leave balance for the calendar year, although any overuse of this anticipated leave must be repaid to the county upon termination.
Rule 21.06. Except for part-time 30 to 39 hour employees, part-time employees shall earn and accrue vacation leave according to the following schedule:
Average
weekly hours
Years of
Service
Employment Category Monthly
Earned
(hours)
Maximum
Accrual
(hours)
10 - 17 1 - 5 "40 hours" 2 40 "Other than 40 hours" 1.75 35 6 - 10 "40 hours" 2.66 52 "Other than 40 hours" 2.33 45.5 11 - 15 "40 hours" 4 64 "Other than 40 hours" 3.5 56 16 and over "40 hours" 4 80 "Other than 40 hours" 3.5 70 18 - 26 1 - 5 "40 hours" 4 80 "Other than 40 hours" 3.5 70 6 - 10 "40 hours" 5.33 104 "Other than 40 hours" 4.66 91 11 - 15 "40 hours" 8 128 "Other than 40 hours" 7 112 16 and over "40 hours" 8 160 "Other than 40 hours" 7 140 27 - 29 1 - 5 "40 hours" 6 120 "Other than 40 hours" 5.25 105 6 - 10 "40 hours" 8 156 "Other than 40 hours" 7 136.5 11 - 15 "40 hours" 10 200 "Other than 40 hours" 8.75 175 16 and over "40 hours" 12 240 "Other than 40 hours" 10.5 210 Rule 21.07. Classified employees on Pay Schedule VI who have reached the maximum accrual allowed vacation hours as of December 31 of any calendar year may request to be reimbursed in cash for such hours in excess of the maximum accrual allowed to a maximum of forty (40) hours for "40 hour" employees or a maximum of thirty-five (35) hours for other than "40 hours" employees; such requests for reimbursement are subject to approval by the Administrative Officer; provided further that if due to budgetary restrictions reimbursement is not possible, such employees may increase by forty (40), or thirty-five (35) hours respectively, their maximum allowable accrual provided by the schedule listed in Rule 21.02.
Rule 22. Sick Leave
Rule 22.01.
A.
Sick leave is provided for absences caused by actual non-work-related illnesses or injuries, necessary medical, dental, or optical appointments or treatments, or confinement due to quarantine as determined by an authorized medical authority. Absences are to be used for the employee's illnesses, injuries, appointments, or quarantines only, except that sick leave may be used pursuant to Rules 24.06 and 24.07, under the rule, "Other Leaves," in these rules.
B.
Absences for work-related illnesses or injuries shall be governed by Rule 24.03 under the rule, "Other Leaves," in these rules.
Rule 22.02. All classified and part-time 30 to 39 hour employees will earn sick leave. "40 hours" employees shall earn at the rate of one hundred twenty (120) hours per year; "other than 40 hours" employees shall earn at the rate of one hundred five (105) hours per year. There shall be no limit on the number of sick leave hours that may be accrued.
Rule 22.03. In order to be eligible to receive sick pay, an employee or his representative must notify his supervisor of his absence due to illness or injury as early as possible on the first day of his disability. The Director of Human Resources may require that a statement be obtained from a licensed physician as to the nature of the disability.
Rule 22.04.
A.
Upon written recommendation from a department or office head, the Director of Human Resources may grant unearned sick leave to an employee at full pay. Recommendation for unearned sick leave must be accompanied by a written statement from the employee's physician; and if deemed necessary, additional statements may be required at any time during the period of unearned sick leave.
B.
Unearned sick leave may be advanced only after the employee has first used all regularly accumulated sick, vacation, compensatory, and personal leave.
C.
The maximum extension allowable shall be two hundred forty (240) hours for "40 hours" employees, and two hundred ten (210) hours for "other than 40 hours" employees. In the event of unusual circumstances causing hardship to an employee, the administrative officer may approve the advance of unearned sick leave beyond the limits as prescribed in this rule.
D.
An employee who has been advanced unearned sick leave shall pay back the unearned sick leave with regularly earned sick leave after the employee returns to work.
E.
All unearned sick leave must be paid back before the employee shall be permitted to accrue earned sick leave.
F.
If an employee terminates while still carrying a negative sick leave balance, the unearned leave extension (up to a maximum of two hundred forty (240) hours for "40 hours" employees or two hundred ten (210) hours for "other than 40 hours" employees); and any anticipated leave used must be paid back to the county, either in cash, as a deduction from the final paycheck, or from the employee's retirement system account.
G.
All unearned sick leave shall be subject to review by the Personnel and Salary Advisory Board.
Rule 22.05. Classified and part-time 30 to 39 hour employees with one (1) year of continuous service shall receive an anticipated sick leave balance for the calendar year, although any overuse of this anticipated leave must be repaid to the county upon termination.
Rule 22.06. Except for part-time 30 to 39 hour employees, part-time employees shall earn and accrue sick leave according to the following schedule:
Average Weekly Hours Employment Category Monthly Earned (hours) 10 - 17 "40 hours"
2.66 "Other than 40 hours"
2.33 18 - 26 "40 hours"
5.33 "Other than 40 hours"
4.66 27 - 29 "40 hours"
8 "Other than 40 hours"
7 Rule 23. Leave Without Pay
Rule
23.01.
A.
The Director of Human Resources may approve leaves without pay for periods of up to one year to employees presenting valid and sufficient reasons for such leaves. Request for leave in excess of thirty (30) days must be in writing. Employment elsewhere may terminate such leave.
B.
The Director of Human Resources shall approve a leave without pay for military duty for a period of up to 5 years. A request for a military leave of absence must be in writing.
Rule 23.02. Reserved.
Rule 24. Other Leaves
Rule 24.01.
A.
All employees requesting military leave to fulfill reserve obligations in the Armed Forces of the United States or in the National Guard of the state shall be granted not in excess of fifteen (15) days annually for such purposes. Such leave will not be charged against the employee's earned vacation, and the employee will be paid his full pay during such absence.
B.
1.
All employees who receive an involuntary order to active duty shall be granted leave. This leave will not be charged against the employee's earned vacation. If the employee's absence on active duty exceeds thirty (30) days of continuous service, the employee shall receive such pay during the absence as when combined with active duty military pay equals full county pay, and, during the absence, the employee's health, life insurance, and retirement benefits shall not be diminished, and the county shall pay the employee's share of the health insurance and life insurance premium. However, the employee will not accrue any leave during the absence.
2.
Any employee who receives an involuntary order to active duty in response to Hurricane Katrina or Hurricane Rita, or both, is eligible for the benefits in subparagraph 1 of this paragraph even if the employee's absence on active duty is less than thirty-one (31) days of continuous service.
Rule 24.02. An employee who shall serve as a member of any jury shall be permitted to be absent from his duties during such service without any loss of pay and without charge against any leave credits.
Rule 24.03.
A.
When an employee suffers a disability resulting from an accident or illness found to be compensable under the state Worker's Compensation Act, said employee shall be allowed leave not to exceed twelve (12) months. If otherwise eligible, said leave shall begin on the next scheduled day following the day of the accident. Payment, while on leave for this reason, shall be the amount calculated individually which will result in said employee receiving as close as practicable to their normal net pay.
B.
Every application form for such leave shall contain a statement by the employee, affirmed by his supervisor, setting forth the details of the accident or illness and supported by the certificate of a licensed physician setting forth the nature and extent of the injury or illness and the probable period of disability.
C.
Every leave granted under this regulation shall be recorded on the employee's leave record card but shall not be charged to any other type of leave.
D.
Only exempt employees as defined by Section 801(1)—(8) of the Charter, part-time, probationary, or classified employees shall be eligible for such leave under the provisions of this regulation. Other employees shall be paid in accordance with the provisions of the state Worker's Compensation Act only.
E.
If incapacitated for the employee's regular assignment, the employee may be given other duties with the county government for the period of recuperation. Unwillingness to accept such assignment as directed by the employee's department head or the County Administrative Officer will make the employee ineligible for leave under this regulation during the time involved.
F.
A physician who regularly examines employees as an official physician for the county employees' retirement system shall determine the physical ability of the employee to continue working or to return to work.
Rule 24.04. Subject to the express provisions of memoranda of understanding in effect at the time between classified service employees and the administration, "40 hours" employees shall be granted forty-eight (48) personal leave hours off with pay, per calendar year. "Other than 40 hours" employees, shall be granted forty-two (42) personal leave hours off with pay, per calendar year. Employees shall earn personal leave at the rates of four (4) hours and three and one-half (3.5) hours per month respectively. Personal leave may not be accrued and carried over into a new calendar year. Employees shall be paid for personal leave days earned but not taken at the time they leave county service.
Rule 24.05. Reserved.
Rule 24.06. Upon taking physical custody of a child who is intended to be adopted by an employee, who is the person primarily responsible for the care and nurturing of the child, may use up to two hundred forty (240) hours for "40 hours" employees, or two hundred ten (210) hours for "other than 40 hours" employees of earned sick leave for the care of the adopted child. In the event that both parents are county employees, they may designate who is to be the person primarily responsible for the care and nurturing of the child or they may divide the use of two hundred forty (240) or two hundred ten (210) hours, whichever is applicable, between themselves.
Rule 24.07.
A.
In this rule immediate family means the spouse, child, legal dependent, or parent of the employee. Immediate family for pay schedule II employees shall also include a sibling living in the residence of the employee. An employee may use up to a total of forty (40) hours, for "40 hours" employees or thirty-five (35) hours, for employees "other than 40 hours," of earned sick leave per calendar year for illness in the immediate family. With the approval of the Director of Human Resources, additional sick leave may be used for illness in the immediate family. The employee is required to submit a statement to the employee's supervisor stating the relationship of the ill member of the immediate family, the nature of the illness and the necessity for assisting the ill member of the immediate family.
B.
Notwithstanding paragraph A of this regulation, pay schedule II employees may use up to an additional forty (40) hours of earned sick leave per calendar year for the care of their newborn child.
Rule 24.08.
A.
On request, an employee may be entitled to organ donation leave with pay.
B.
(1)
An employee may use:
(i)
Up to 7 days of organ donation leave in any 12-month period to serve as a bone marrow donor; and
(ii)
Up to 30 days of organ donation leave in any 12-month period to serve as an organ donor.
(2)
An employee may use organ donation leave only after obtaining approval from the employee's appointing authority.
C.
The Board shall adopt regulations governing organ donation leave, including regulations that establish conditions and procedures for requesting and approving leave.
Rule 25. Holidays
Rule 25.01. All classified and part-time 30 to 39 hour employees will be paid for the following holidays:
New Year's Day;
Martin Luther King's Birthday (third Monday in January);
President's Day (third Monday in February);
Memorial Day;
July Fourth;
Labor Day;
Columbus Day (second Monday in October);
Veterans Day;
Thanksgiving Day;
Christmas Day;
General Election Day (when applicable).Rule 25.02. Any employee ordered to report to work on a holiday will be paid his regular pay plus holiday pay.
Rule 25.03. Holiday pay will not be paid when an employee is on a leave of absence or when an employee is directed to report for work and fails to do so.
(1988 Code, § 25-126) (Bill No. 17, 1990, §§ 1, 2, 4-13-1990; Bill No. 118, 1991, §§ 2, 4, 7-1-1991; Bill No. 130-93, § 1, 7-1-1991; Bill No. 92-95, § 2, 7-1-1995; Bill No. 13-96, § 1B, 2-9-1996; Bill No. 152-96, § 2, 11-12-1996; Bill No. 123-98, § 3, 11-20-1998; Bill No. 35-99, § 7, 7-1-1999; Bill No. 53-00, § 1, 9-25-2000; Bill No. 118-01, §§ 1, 2, 1-11-2002; Bill No. 121-02, § 2, 1-24-2003; Bill No. 26-03, § 1, 4-25-2003; Bill No. 41-03, § 4, 7-1-2003; Bill No. 73-01, § 6, 7-1-2004; Bill No. 39-04, § 1, 7-1-2004; Bill No. 40-04, § 1, 7-1-2004; Bill No. 73-04, § 10, 9-25-2004; Bill No. 39-04, § 2, 1-1-2005; Bill No. 2-05, 1, 2-20-05; Bill No. 42-05, § 1, 5-15-2005; Bill No. 55-05, § 3, 7-1-2005; Bill No. 107-05, § 1, 10-18-2005; Bill No. 52-06, § 4, 7-1-2006; Bill No. 41-07 § 4, 7-1-2007)
Annotation:
Former § 353 of the code (1955) cited in Director of Finance for Baltimore County v. Myers, 232 Md. 213, 192 A.2d 278 (1963).
§ 2 of Bill 26-03 provides that § 5 of Bill 121-02 is repealed.
§ 3 of Bill 26-03 provides that Bill 26-03 shall be construed retroactively so that employees on active duty in accordance with Personnel Rule 24.01B and Special Rule 12.01B shall receive the benefits provided by the bill without diminution of benefits from January 1, 2003 until the effective date of Bill 26-03 (April 25, 2003).
§ 2 of Bill 107-05 provides that Bill 107-05 shall be construed retroactively so that employees on active duty in accordance with Personnel Rule 24.01B.2. and Special Rule 12.01B.2. shall receive the pay and benefits provided within those Rules without diminution of benefits from August 29, 2005 until the effective date of Bill 107-05 (October 18, 2005).